What Is the Difference Between Theft, Burglary, and Robbery in Texas?

In Texas, theft, burglary, and robbery are distinct criminal offenses, each with specific legal definitions, elements, and penalties. Understanding these differences is crucial for anyone involved in the criminal justice system, whether as a defendant, victim, or concerned citizen. This guide provides a comprehensive overview of these offenses under Texas law.

Theft: Unlawful Appropriation of Property

Definition

Under Texas Penal Code § 31.03, theft is defined as unlawfully appropriating property with the intent to deprive the owner of it. Appropriation is unlawful if:Texas Penal Code

• It is without the owner's effective consent;
• The property is stolen, and the actor appropriates it knowing it was stolen; or
• The property is in the custody of law enforcement and is explicitly represented as stolen, and the actor appropriates it believing it was stolen.Texas Penal Code+5Texas Penal Code+5Tex..Pub..Law: Online Texas Law Library+5

Classification and Penalties

The severity of a theft offense in Texas depends on the value of the property stolen:

• Class C Misdemeanor: Property valued less than $100.
• Class B Misdemeanor: Property valued between $100 and $750.
• Class A Misdemeanor: Property valued between $750 and $2,500.
• State Jail Felony: Property valued between $2,500 and $30,000.
• Third-Degree Felony: Property valued between $30,000 and $150,000.
• Second-Degree Felony: Property valued between $150,000 and $300,000.
• First-Degree Felony: Property valued at $300,000 or more.

Penalties range from fines to imprisonment, with more severe consequences for higher-value thefts or repeat offenses.

Burglary: Unauthorized Entry with Intent to Commit a Crime

Definition

According to Texas Penal Code § 30.02, a person commits burglary if, without the effective consent of the owner, they:

• Enter a habitation or building not then open to the public, with intent to commit a felony, theft, or assault;
• Remain concealed, with intent to commit a felony, theft, or assault, in a building or habitation; or
• Enter a building or habitation and commit or attempt to commit a felony, theft, or assault.

Classification and Penalties

The classification of burglary offenses varies:The Clark Law Firm+1LegalClarity+1

• State Jail Felony: Burglary of a building other than a habitation.
• Second-Degree Felony: Burglary of a habitation.
• First-Degree Felony: Burglary of a habitation with intent to commit a felony other than theft, or if the actor commits or attempts to commit such a felony.Texas Penal Code+13Findlaw+13Tex..Pub..Law: Online Texas Law Library+13

Penalties increase with the severity of the offense and the nature of the premises involved.

Robbery: Theft Involving Force or Threat

Definition

Under Texas Penal Code § 29.02, a person commits robbery if, in the course of committing theft and with intent to obtain or maintain control of the property, they:LegalClarity+6Findlaw+6Texas Penal Code+6

• Intentionally, knowingly, or recklessly cause bodily injury to another; or
• Intentionally or knowingly threaten or place another in fear of imminent bodily injury or death.hillcriminaldefense.com+6Texas Statutes+6Texas Penal Code+6hillcriminaldefense.com+6Findlaw+6Texas Statutes+6

Classification and Penalties

• Second-Degree Felony: Standard robbery offense.
• First-Degree Felony (Aggravated Robbery): If the offender causes serious bodily injury, uses or exhibits a deadly weapon, or if the victim is 65 years of age or older or a disabled person.LegalClarity+1LegalClarity+1victoriatx.gov+1Texas Statutes+1

Robbery offenses carry severe penalties, reflecting the violent nature of the crime.

Comparative Overview

In Texas, theft, burglary, and robbery are all distinct criminal offenses, each with specific legal elements, classifications, and penalties.

Theft occurs when a person unlawfully appropriates property with the intent to deprive the rightful owner of it. The seriousness of the charge depends on the value of the property taken. Theft can range from a Class C misdemeanor—typically involving property worth less than $100—all the way up to a first-degree felony if the value exceeds $300,000. Penalties include fines and varying lengths of imprisonment, based on the severity of the offense.

Burglary involves entering a building or habitation without the owner's consent and with the intent to commit a felony, theft, or assault inside. The classification ranges from a state jail felony to a first-degree felony, depending on factors like whether the building was a residence and whether any other crimes were committed during the entry. Punishment typically includes imprisonment, which becomes more severe under aggravating circumstances.

Robbery is defined as a theft that includes causing bodily injury to another person or threatening or placing another in fear of imminent injury or death during the commission of the theft. This offense is considered either a second-degree or first-degree felony, depending on the level of harm or threat involved. Sentences can range from 2 to 99 years in prison, along with possible fines.

Understanding the unique elements of each charge is crucial when defending against allegations or navigating the criminal justice system. If you’re facing any of these charges, consulting with a skilled attorney near you is essential.

Importance of Legal Representation

Facing charges for theft, burglary, or robbery in Texas can have life-altering consequences. Each case carries unique legal challenges and potential defenses. It's crucial to consult with an experienced attorney near you who understands Texas criminal law and can provide personalized legal guidance.

At Walker Law Office, Mekisha Walker brings extensive experience as a former Harris County Assistant District Attorney and a seasoned criminal defense attorney. Her deep understanding of Texas theft, burglary, and robbery laws ensures that clients receive informed and effective representation.

Contact Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and protect your rights.

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